Patent and Invention Help Forum

PPA vs. design patent

cfantell

PPA vs. design patent
« on: May 23, 2017, 09:24:04 AM »
I have invented a garment that has both a fashion element and a specific functional element. Should I apply for a PPA or a Design Patent - or both? Also, in my preliminary search I did find some garments that address the same function, but have a different design than mine. Does that mean I shouldn't go forward with the patent process?

Thanks,
Carol

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Re: PPA vs. design patent
« Reply #1 on: May 23, 2017, 12:03:25 PM »
Two things can have the same function and still be patentable as long as the way they accomplish the function is different.

For example, a paper clip and a binder clip both do the same thing (hold papers together) but they each work in different ways and have different components to them so they could each be patented. 

If you think your garment has a new and different way to accomplish the function than I would most certainly try for the utility (PPA) patent.   If you have the budget we could also apply for a design on the way the garment looks but usually the utility provides stronger coverage so if you had to choose just one I would do the utility.

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